Hill v. Roe’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e conclude that the ultimate burden of proving the adequacy of the California state bar is upon the State of California.... Once the state has adequately pled the existence of an independent and adequate state procedural ground as an affirmative defense, the burden to place that defense in issue shifts to the petitioner. The petitioner may satisfy this burden by asserting specific factual citation to authority demonstrating inconsistent application of the rule. Once having done so, the ultimate burden is the state’s.”

   1 later decision quote this exact passage · from the majority
   e.g. 318 F. Supp. 2d 1004 - Protsman v. Pliler

2. “the independent state grounds doctrine bars the federal courts from reconsidering the issue in the context of habeas corpus review as long as the state court explicitly invokes a state procedural bar rule as a separate basis for its decision.”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. Giurbino

3. “Petition for writ of habeas corpus is DENIED. ( In re Waltreus, (1965) 62 Cal.2d 218, 225, 42 Cal.Rptr. 9, 397 P.2d 1001; People v. Hill, (1973) 9 Cal.3d 784, 786, 787, 109 Cal.Rptr. 93, 512 P.2d 317.)”

   1 later decision quote this exact passage · from the majority
   e.g. Hill v. Roe